MOLNAR v. GULFCOAST TRANSIT COMPANY

No. 23174.

371 F.2d 639 (1967)

Louis MOLNAR, Appellant, v. GULFCOAST TRANSIT COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

January 19, 1967.


Attorney(s) appearing for the Case

A. Dallas Albritton, Jr., Albritton, Sessums, Gordon & Ryder, Tampa, Fla., for appellant.

Roger A. Vaughan, Jr., John W. Boult, Tampa, Fla., for appellee, Fowler, White, Gillen, Humkey & Trenam, Tampa, Fla., of counsel.

Before BROWN, GEWIN and GOLDBERG, Circuit Judges.


JOHN R. BROWN, Circuit Judge:

This case raises again the question of a dismissal of a seaman's libel because of laches reflected on the face of the libel. Although it is a close case, we conclude that this action was too fast too soon and remand for a determination of laches on the facts, not the mere pleadings.

The original libel was filed May 18, 1964, seeking recovery for three separate injuries of December 1959, January 1961, and March 1961. The interval...

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